V.G.Oak, J. - (1.) The short question for determination in this petition under Article 226 of the Constitution is whether the petitioner is entitled to the protection of Article 311 of the Constitution.
(2.) Many years ago, the petitioner was an employee of the Kanpur Electric Supply Corporation, Ltd. In 1947 the State of Uttar Pradesh purchased the undertaking of the Kanpur Electric Supply Corporation, Ltd. The employees of the corporation Joined the service of Uttar Pradesh Government, it appears that the department, which is looking after the affairs of the former corporation, has bees designated as the Kanpur Electricity Supply Administration. When the petitioner Joined Government service, there was an agreement of service between the petitioner and the Uttar Pradesh Government. In accordance with the agreement, the petitioner served the Uttar Pradesh Government between 1953 and 1969. On 22 July 1959 the general manager of Kanpur Electricity Supply Administration passed an order terminating the petitioner's services with immediate effect. This writ petition by Sri R.P. Nigam is directed against the general manager's order, dated 22 July 1959.
(3.) Annexare VII to the affidavit is a copy of the impugned order, dated 22 July 1959. The order runs thus: Whereas I am of the opinion that your residual physical disability in your left upper and lower limbs has made you Incapable to perform your duties; Now, therefore, in exercise of the powers conferred on me by Clause 13 of the articles of agreement. I hereby terminate your appointment.;